This Website provides the “7 Of The Best” interactive online football (soccer) forecasting game, as well as access to related news and articles, for use by Members and is operated by 7 Of The Best Limited whose registered office is at Brook House, Mint Street, Godalming, Surrey, United Kingdom, GU7 1HE. 7 Of The Best Limited can be contacted at email@example.com.
Means 7 Of The Best Limited;
Means the Profile created on registration of this Website by a Member;
Means all text, scripts, information, documents, graphics, digital files, photographs, sounds, music, or audio-visual files, videos, and interactive features, including the Game, owned by 7OTB and displayed on this Website;
Means a coupon made available to Members based on the actions that the Member takes when playing the Game and redeemable on the website owned and operated by any third-party bookmaker in accordance with Clause 4.6;
“Data Protection Legislation”
Means all applicable data protection laws, regulations and legislation including PECR, the GDPR and any applicable laws, regulations and legislation in the UK relating to the privacy of electronic communications and the Processing of Personal Data, as amended from time to time;
Means a valued bet made available to Members as a Prize and to be redeemed by the Member at any third-party bookmaker;
Means the “7 Of The Best” interactive online football (soccer) forecasting game made available on this Website to Members; all football fixtures made available to Members in order to play the game are supplied at the sole discretion of 7OTB.
Means the General Data Protection Regulation ((EU) 2016/679);
“Intellectual Property Rights”
Mean any and all copyright, related rights or rights of a similar nature, patents, database rights, unregistered and registered trademarks, unregistered and registered designs, and any and all other related intellectual property rights that exist now or may arise in the future (including the right to register any such rights);
Means a person that has registered his or her details on this Website in accordance with Clause 3 below in order to use this Website;
“Member Personal Data”
Means any Personal Data provided to 7OTB by a Member, for the purposes of the Member’s access to and/or use of this Website;
Means the Member’s permission gained on registration to use this Website and required for the Member to create a Profile;
Means the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003);
Means the prizes offered to Members in accordance with Clause 4.7;
Mean the basic rules to which Members must adhere when using this Website or playing the Game. Read the rules here: https://www.7otb.com/how-to-play/;
Means a group of Members;
Means the “7 Of The Best” website with URL https://www.7otb.com/.
2.1. These Terms & Conditions are the legally binding Terms & Conditions on the Member in order to gain access to and/or use of this Website. The Member accessing using this Website will be bound by the following:
2.1.1. The Terms & Conditions found at https://www.7otb.com/;
2.1.3. The Rules found at https://www.7otb.com/how-to-play/ which are also incorporated into these Terms & Conditions by reference.
2.3. The Member must be over the age of 18 and the Member affirms that he or she is over 18 years of age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the Member uses this Website).
2.4. Only Members that are permitted under the laws of the jurisdiction in which they access and/or use this Website shall be permitted to accept these Terms & Conditions and continue accessing and/or using this Website.
3.1. When registering for Membership, persons wishing to register as Members must provide accurate and complete information. In order to gain full access to and/or use of this Website such persons will be able to choose a username and a password that the person will need to enter on this Website once the person has become a Member. 7OTB will restrict the use of vulgar, inappropriate and offensive usernames.
3.2. Only one Member Profile and one set of selections each week is permitted.
3.3. Members must keep the username and the password secure and confidential.
3.4. In the event that the Member becomes aware of any unauthorised access to the Member’s Profile, the Member must notify 7OTB immediately by sending an e-mail to: firstname.lastname@example.org.
3.5. The Member will be solely accountable to 7OTB for all activities taking place in connection with the Member’s Profile.
3.6. The Member will not be entitled to use another Member’s Profile.
3.7. 7OTB Team Members agree to make selections independently. For the avoidance of doubt, in the event that collusion in entering a set of weekly Team selections is statistically evident in the sole opinion of 7OTB, or if there is a pattern of probable collusion over time, such 7OTB Team entries will not be deemed eligible for the weekly Team Prize. If ongoing collusion is suspected by 7OTB, Teams may be disqualified from competing and the 7OTB Team dissolved.
3.9. For the avoidance of doubt, 7OTB will not be liable to the Member for any losses incurred by the Member as a result of unauthorised use of the Member’s Profile. The Member may be liable to 7OTB for any losses incurred by 7OTB as a result of unauthorised use of the Member’s Profile.
4. Website Operations
4.1. The Member may access this Website and view Content and Materials.
4.2. The Member may search Content and Materials.
4.3. The Member may also represent a local organisation or community, including Member’s Teams, in which case the Member takes full responsibility for that representation.
4.4. The Member will have to log into this Website in order to use this Website. For the avoidance of doubt, the Member’s use of this Website, including the Game, is free of charge. 7OTB does not procure any bank account or credit card or debit card details from the Member.
4.5. The Member may use this Website to:
4.5.1. View Content and Materials;
4.5.2. Play the Game;
4.5.3. Create or join Teams in order to engage other Members competitively; or
4.5.4. Receive Coupons that may be redeemed on the website belonging to a third-party bookmaker.
4.5.5. Invite Members to join Teams; or
4.5.6. Invite non-Members to join this Website.
4.6. In respect of Coupons:
4.6.1. Any Coupons received by the Member during the course of the use of this Website are advertisements only;
4.6.2. Any Coupons received by the Member during the course of the use of this Website will display the most recent odds offered by a third-party bookmaker relevant to the actions taken by the Member during the course of playing the Game. For the avoidance of doubt, 7OTB is not responsible for the calculation of any odds which are displayed in accordance with this Clause 4.8.2, and the Member acknowledges that any such odds are subject to change;
4.6.3. In the event that a Member wishes to redeem the Coupon on the website belonging to a third-party bookmaker, the Member will be redirected to the relevant third-party bookmaker’s website.
4.6.4. The Member will be required to register for membership on the relevant third-party bookmaker’s website.
4.6.5. For the avoidance of doubt, 7OTB does not have access to any information submitted by the Member during the relevant third-party bookmaker’s website registration process, including any bank account or credit card or debit card details.
4.7. 7OTB may, from time to time, offer Prizes consisting of offers of Free Bets with a third-party bookmaker to Members in connection with the Game. Full details of these Prizes, if applicable, may be found in the 7OTB FAQs, and 7OTB reserves the right to vary all such Prizes from time to time at its sole discretion.
4.7.1 7OTB may, from time to time, offer cash Prizes in connection with the game.
4.7.2. Four-Weekly Team Prizes that may be based on based on points scoring are awarded subject to the following:
188.8.131.52. The 7OTB Team that scores the highest number of points in any one week over the rolling Four-Weekly Prize period wins the Four-Weekly Team cash Prize.
184.108.40.206. If a 7OTB Team cannot be assigned a placement as determined by the highest number of points, the Teams will play off in the following week to decide the winning Team.
220.127.116.11. Each week a Team Member's selections must be submitted by 2.45pm (GMT) on a Saturday.
18.104.22.168. A 7OTB Team shall only be eligible for the opportunity to win the Four-Weekly Team Prize if the 7OTB Team consists of a minimum of five Members and a maximum of seven Members in each of the relevant four-week period.
22.214.171.124. For the avoidance of doubt, each Team Member's selections must be made independently, in accordance with Clause 3.7 above.
4.7.3. The Weekly Individual Member cash Prizes are subject to the following:
126.96.36.199. The Member that accrues the most points from the Member’s seven weekly selections wins the Weekly cash Prize. All additional placements are calculated accordingly.
188.8.131.52. If a Member cannot be assigned a placement as determined by points alone, 7OTB calculates each Member’s aggregated goal difference (the total of goals scored minus goals conceded). Placements are then calculated accordingly.
184.108.40.206. If a Member cannot be assigned a placement as determined by goal difference, 7OTB calculates the total of the goals scored across each of the Members’ selections, and the Member with the highest total number of goals scored secures the placement. For the avoidance of doubt, the draw is not considered for this calculation.
220.127.116.11. If two or more Members are still tied for a placement, the Member whose final completed selections were submitted and received by 7OTB earliest in the week preceding that week’s competition shall secure the placement. The official timestamp of receipt held by 7OTB will be used to determine the Member that secures the placement.
18.104.22.168. Each week a Member's selections must be submitted by 2.45pm (GMT) on a Saturday.
22.214.171.124 At the end of the 7OTB football season, the Member who has accrued the most [GS1] ‘full house’ selections over the 7OTB season (i.e. all seven selections are correct in any one week) in the weekly competition is eligible to win a cash Prize. If two or more Members are tied, the winner will be the Member who is most highly placed on the end of season leaderboard.
4.7.4. Members shall receive a notification e-mail from 7OTB if the Member is eligible for a Prize.[GS2] Members must follow the instructions provided in the notification e-mail in order to claim any Prize. [GS3] For the avoidance of doubt, all Free Bets shall be subject to the third-party bookmaker’s Terms & Conditions.
4.7.5. Jackpot Prize: 7OTB may offer one Prize each season in connection with the correct consecutive selection of the outcome of every game, every week, for a total of four weeks. This Prize relates to the correct selection of twenty-eight games in total consecutively. The Prize amounts to £1,000,000. In respect of this Prize:
126.96.36.199. Each week a Member's selections must be submitted by 2.45pm (GMT) on a Saturday. The Member must successfully select all seven selections over four consecutive weeks, specifically, twenty-eight correct selections. For the avoidance of doubt, if a Member has successfully selected all seven selections each week over two or three consecutive weeks including the final week of the 7OTB season, the Member’s consecutive winning weeks will roll over into the following season and will count towards the Member’s winning sequence in the new season should the Member successfully select all seven selections in the first week of that season. The same procedure will apply if a Member successfully begins a winning sequence by selecting all seven selections on the final week of the 7OTB season.
188.8.131.52. If in any week the Member fails to select all seven selections correctly, the following week the Member shall revert to week one of the four-week sequence.
184.108.40.206. If any selections made by a Member relate to games that are postponed in any week for any reason, the Member’s selections in that week become void. For the avoidance of doubt, the Member’s other selections in that week will not be counted towards this Prize. Upon the expiration of the week in which the postponed game took place, the following week shall be considered as the next week in the four-week sequence.
220.127.116.11. In the event that any software failure in connection with this Website occurs during any week during the four-week sequence, the Member’s selections in that week become void. For the avoidance of doubt, the Member’s other selections in that week will not be counted towards this Prize. Upon the expiration of the week in which the software failure took place, the following week shall be considered as the next week in the four-week sequence.
4.7.6. Members may visit the 7OTB FAQ page here: https://www.7otb.com/faqs/. In the event that Members have questions not addressed in the 7OTB FAQ, Members may contact 7OTB customer services in respect of the operations of this Website at email@example.com.
4.8 7OTB shall have the right to exclude football teams from being capable of being selected by 7OTB Teams and/or Members during the 7OTB Game. In the event that a football team has been excluded in accordance with this Clause 4.8:
4.8.1 Fixtures featuring any excluded football club will not appear on the weekly selection options on the 7OTB Website;
4.8.2 In the event that a football team is excluded during the season, 7OTB shall notify all Members of the exclusion via e-mail. Members will not be able to include any excluded football teams in their selections after the date on which such notification e-mail is sent, consistent with Clause 4.8.1.
4.8.3 7OTB reserves the right to require Members that have selected a fixture featuring an excluded football team prior to the date of the notification e-mail to cancel their selection and re-select a different, eligible fixture to allow the Member to continue playing the 7OTB Game.
5. Permissions & Restrictions
5.1. 7OTB grants the Member permission to use this Website provided that:
5.1.1. The Member acts responsibly in using this Website;
5.1.2. The Member does not alter or modify any part of this Website, including any related technologies;
5.1.3. The Member does not access Content or Materials through any unauthorised means or technology;
5.1.4. The Member does not exploit this Website for any commercial activity, without the prior written authorisation of 7OTB. Commercial activity includes but is not limited to:
18.104.22.168. Sale of the use of this Website or its services on another website;
22.214.171.124. Sale of advertisements on any website targeted to this Website or the Content or the Materials;
126.96.36.199. Such other activities that 7OTB may specify from time to time.
5.2. The Member must not impersonate another person’s identity or misrepresent the Member’s own identity or affiliation including using another’s personal details, password, username, e-mail or other such information held as part of the Member’s Profile.
6.1. In respect of the Member accessing and/or using Content on this Website respectively:
6.1.1. 7OTB owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like. For the avoidance of doubt, 7OTB does not own the Materials.
6.1.2. The Member is prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website.
6.1.3. The Member is prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Materials from this Website, except as licensed to such Member.
6.2. 7OTB, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Content on this Website.
7.1. The Member acknowledges that 7OTB is not responsible for the content of Materials on this Website. 7OTB shall not be liable to any Member, or person claiming through any or Member, for any losses incurred by the Member and expressly excludes any and all liability arising out of or in connection with the Materials on this Website.
7.2. 7OTB does not endorse the content of any Materials, or any opinion, recommendation or advice contained in the Materials.
7.3. Further to Clause 1.6, Materials may include:
7.3.1. Live football scores transmitted by third party service providers;
7.3.2. Blog contributions;
7.3.3. Article contributions;
7.3.4. News feeds transmitted by third party service providers; and
7.3.5. Any other documentation or information that 7OTB may display on this Website from time to time.
7.4. 7OTB hereby grants to each Member of this Website a non-exclusive licence to access the Materials through this Website as permitted through the functionality of this Website and under these Terms & Conditions. The foregoing licence granted by 7OTB will terminate once 7OTB removes or deletes Materials or any part thereof from this Website.
7.5. The licences granted by 7OTB in Clause 7.4 above, will terminate when 7OTB removes or deletes Materials from this Website. In the event that the Member elects to terminate the Member’s legal agreement with 7OTB, the above licence granted by 7OTB in the Materials shall be terminated.
7.6. Materials shall be, where reasonably practicable, subject to approval by 7OTB or the moderators of this Website from time to time. Materials will be checked by 7OTB or the moderators of this Website on a random basis.
7.7. The Member expressly agrees that 7OTB may remove, disable or restrict access to or the availability of any Materials from this Website which 7OTB believes, in good faith and in 7OTB’s discretion, amount to prohibited content. Prohibited content includes but is not limited to Materials which:
7.7.1. Are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.7.2. Harasses or advocates harassment of any group or individual;
7.7.3. Exploits any group or individual;
7.7.4. Contains nudity, violence, or offensive subject matter, or contains a link to an adult website;
7.7.5. Solicits confidential or personal information from any group or individual;
7.7.6. Constitutes or promotes false or misleading information;
7.7.7. Constitutes or promotes illegal activities;
7.7.8. Constitutes or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
7.7.9. Solicits usernames or passwords or personal identifying information for commercial or unlawful purposes from Members; or
7.7.10. Involves commercial activities without prior written consent from 7OTB.
7.8. 7OTB is under no obligation to any Member and therefore may refuse to remove any Materials from this Website.
7.9. For the avoidance of doubt, the presence of the moderators of this Website shall not place any obligation on 7OTB or the moderators to identify Materials that are prohibited in the country in which the Member uses this Website.
8. Intellectual Property Rights
8.1. This Website and any and all Intellectual Property Rights arising out of or in connection with this Website and the Content, including the Game, are licensed to 7OTB save in respect of any Intellectual Property Rights belonging to any licensor, advertisers, partners, investors, or sponsors of this Website.
8.2. For the avoidance of doubt, 7OTB does not own any Intellectual Property Rights arising out of or in connection with the Materials.
9. Limitation Of Liability
9.1. It is 7OTB’s policy not to tolerate any acts of intellectual property infringement or violations of the laws of the United Kingdom or any other applicable laws. 7OTB will use all reasonable endeavours to remove, disable, or restrict access to or availability of Materials that 7OTB considers to be an infringement of the intellectual property rights of any third party.
9.2. Under no circumstances shall 7OTB, its officers, directors, employees, or agents be liable to Members in the event that any Content or any Materials on this Website are held to infringe any third party’s Intellectual Property Rights.
9.3. Nothing in these Terms & Conditions shall limit or exclude 7OTB’s liability for:
9.3.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors; or
9.3.2. Fraud or fraudulent misrepresentation.
9.4. Subject to Clause 9.3:
9.4.1. 7OTB, and its officers, directors, employees, or agents, shall under no circumstances whatsoever be liable to any Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss of any kind however caused arising under or in connection with the access to and/or use of this Website.
9.4.2. 7OTB, and its officers, directors, employees, or agents, shall under no circumstances whatsoever be liable to any Member for any loss, damage or injury sustained by the Member that has interacted with a third party, including any third-party bookmakers, via this Website. For the avoidance of doubt, 7OTB provides a service whereby Members may play the Game and may be redirected to the website of third-party bookmakers via this Website. The Member agrees that the services provided by third party bookmakers are not supplied by 7OTB. 7OTB accepts no responsibility for any loss, damage or injury arising out of or in connection with any Member’s interaction with third party bookmakers or any loss, damage or injury arising out of or in connection with any Materials. 7OTB strongly asserts that any Member interacting with third party bookmakers does so entirely under the Member’s own volition and at the Member’s own risk;
9.4.3. 7OTB, and its officers, directors, employees, or agents, shall under no circumstances whatsoever be liable for any damage caused by bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
9.5. Except as set out in these Terms & Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms & Conditions.
9.6. For the avoidance of doubt, due to the nature of this Website, 7OTB does not warrant that:
9.6.1. The Member’s use of this Website will be of any benefit to the Member; and
9.6.2. 7OTB will carry out any activity not expressly set out in these Terms & Conditions.
9.7. This Clause 9 shall survive the termination of the Member’s Profile
10. Complaint Procedures
10.1.1. The nature of the right infringed or violated, including the registration numbers of any registered trademarks or patents allegedly infringed;
10.1.2. All facts which lead the Member to believe that a right has been violated or infringed;
10.1.3. The precise location where the offending Materials are located;
10.1.4. If known, the identity of the person or persons responsible for the infringing or offending Materials.
10.2. 7OTB reserves the right but has no obligation to remove any Materials except where required by law and reserves the right to remove any Materials, whenever, and for any reason whatsoever.
11.1. The Member agrees to indemnify and keep 7OTB indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Member’s use of this Website.
11.3. Subject to Clause 11.1 and Clause 11.2, the Member agrees to defend, indemnify and hold harmless 7OTB, its officers, directors, employees, and agents from and against all claims which may be asserted against 7OTB, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
11.3.1. The Member’s use of this Website; and
11.3.2. The Member’s violations of these Terms & Conditions.
12. Data Protection & Confidentiality
12.1. In these Terms & Conditions, “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processor”, “Process” and “Supervisory Authority” shall have the meanings given to them in the Data Protection Legislation;
12.2. 7OTB has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Legislation.
12.3. The parties agree to comply with all applicable requirements of the Data Protection Legislation in respect of the relationship between them and that this Clause 12 is in addition to the parties’ obligations under the Data Protection Legislation. For the avoidance of doubt, each party shall, upon the reasonable request of the other, co-operate with the other and take such reasonable action as is necessary to enable each of us to comply with the Data Protection Legislation
12.5. The Member shall only disclose Member Personal Data to 7OTB where:
12.5.1. The Member has provided the necessary information to the relevant Data Subjects regarding its use;
12.5.2. The Member has a lawful basis upon which to disclose Member Personal Data to 7OTB;
12.5.3. The Member has complied with all necessary obligations arising in connection with the Data Protection Legislation.
12.6. In the event that 7OTB Processes Member Personal Data, as required by Article 28(3) of the GDPR, 7OTB shall only do so in accordance with the following in respect of the scope, nature and purpose of the Processing:
12.6.1. The subject matter and duration of the processing shall be any Member Personal Data which is required to be processed by 7OTB in connection with the 7OTB Game during the Member’s Membership of the Website, provided that such processing shall only occur on dates when required for the nature and purpose of the processing as set out in Clause 12.6.2;
12.6.2. The nature and purpose of the processing shall be to provide the Member with Game notifications as to the status of the Game, to provide the Member with Game notifications as to whether a Member is a winner of the Game, and to make payment to any Member that is a winner of the Game;
12.6.3. The types of Member Personal Data to be processed include:
188.8.131.52. First name;
184.108.40.206. Last name;
220.127.116.11. E-mail address;
18.104.22.168. Date of birth;
22.214.171.124. Country of residence;
126.96.36.199. Game scoring history;
188.8.131.52. IP address;
12.6.4. The category of Data Subject in relation to which 7OTB processes Member Personal Data is restricted to Members only;
12.7. Member Personal Data used by 7OTB will be stored in a secure database.
12.8. Where 7OTB processes Member Personal Data, unless otherwise required by applicable laws, regulations or legislation, 7OTB shall:
12.8.1. Process the Member Personal Data only in accordance with Clause 12.6 and the Member’s further lawful written instructions;
12.8.3. Disclose the Member Personal Data to the court or to the government as may be required by law;
12.8.4. Maintain written records of 7OTB’s Processing activities performed on behalf of the Member, which shall include, but may not be limited to, the following:
184.108.40.206. Any category of Processing activity performed by 7OTB;
220.127.116.11. Any detail of cross border data transfers to locations outside of the European Economic Area (“EEA”); and
18.104.22.168. Any necessary descriptions of security measures that have been implemented by 7OTB in connection with the Member Personal Data;
12.8.5. Ensure that reasonable security measures are maintained in connection with the Member Personal Data, including safeguards to protect against unauthorised Processing or accidental loss of any Member Personal Data;
12.8.6. Delete all Member Personal Data pertaining to a Member upon the Member no longer requiring the Processing of the Member Personal Data in accordance with Clause 12.6;
12.8.7. Limit access to the Member Personal Data to staff which are required to have access to the Member Personal Data in order to Process the Member Personal Data in accordance with Clause 12.6, and to ensure such staff are bound by a duty of confidentiality;
12.8.9. Notify the Member promptly in the event that:
22.214.171.124. 7OTB receives a request or complaint from or on behalf of a relevant Data Subject, to exercise their Data Subject rights under the Data Protection Legislation;
126.96.36.199. 7OTB receives an information or assessment notice;
188.8.131.52. 7OTB receives any communication in respect of 7OTB’s Processing of Member Personal Data from a Supervisory Authority;
184.108.40.206. 7OTB reasonably believes that the Member Personal Data has been accessed without authorisation; or
220.127.116.11. 7OTB reasonably believes that the Member Personal Data has been lost.
12.10. 7OTB may disclose the Member Personal Data to other third parties in the context of a change to 7OTB including a sale, merger, or investment. In such circumstances 7OTB shall ensure that the security of the Member Personal Data in accordance with Data Protection Legislation.
12.11. In the event that the Member requires that Member Personal Data relating to the Member be deleted from 7OTB’s secure servers, the Member should contact 7OTB at firstname.lastname@example.org subsequent to closing the Member’s Profile.
13. Third Party Websites
13.1. 7OTB is not responsible for third party websites, including those of third party bookmakers, to which this Website is linked, and 7OTB does not assume any affiliation with any other websites unless otherwise stated.
13.2. This Website provides links to other third party websites on the Internet. These websites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other websites are not under the control of 7OTB, and by continuing to use this Website the Member acknowledges and agrees that 7OTB is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or their terms & conditions or their privacy policies. The inclusion of such links does not imply endorsement of such websites by 7OTB or any association with their operators.
13.3. By accessing and/or using a third party website, the Member expressly relieves 7OTB of any and all liabilities arising out of or in connection with such access and/or use.
13.4. The Member acknowledges and agrees that 7OTB is not responsible for the availability of any third party websites.
13.5. 7OTB does not endorse any advertising or products available from any third party websites.
13.6. The Member acknowledges and agrees that 7OTB is not liable for any loss or damage which may be incurred by Members as a result of the Member’s engagement for services via the third party’s website, the availability of any third party websites, or as a result of any reliance placed by Members on the completeness or accuracy of any advertising or products available from any third party websites.
14. Website Availability
14.1. 7OTB will endeavour to have this Website running efficiently and accessible at all times. However, Members will be notified on the homepage of this Website of any times when this Website may be unavailable due to scheduled maintenance work.
14.2. 7OTB will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
14.3. Neither 7OTB nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of 7OTB, such as system malfunction or failures of third parties. In these circumstances, 7OTB will use its reasonable endeavours to restore this Website as soon as reasonably practicable.
15.1. These Terms & Conditions will continue in force until terminated by either the Member or 7OTB in accordance with Clause 15.2 or Clause 15.3 below.
15.2. In the event that the Member wishes to terminate the Member’s Profile, the Member may do so at any time by notifying 7OTB by sending an e-mail to 7OTB at email@example.com.
15.3. 7OTB may terminate the Member’s Profile immediately if:
15.3.2. 7OTB is required to do so by law;
15.3.3. 7OTB elects to terminate access to this Website to Members situated in the country in which the Member is resident or from which the Member may wish to use this Website;
15.3.4. The Member is found to be manipulating this Website by carrying out any activities including, but not limited to, “hacking”, using trojan horse programmes, attempting to launch automated systems, spiders or offline readers;
15.3.5. The Member attempts to harvest personal information belonging to Members located on this Website;
15.3.6. The Member uses this Website for any commercial purposes that have not been agreed between the parties;
15.3.7. The Member exhibits any other unreasonable behaviour that threatens this Website; or
15.3.8. The Member requests to be de-registered.
15.4. For the avoidance of doubt, termination in accordance with Clause 15.3.1, by 7OTB may result in legal action being brought against the Member.
15.5. Upon termination, all of the legal rights, obligations and liabilities that the Member and 7OTB have been subject to which are expressed to continue indefinitely, shall be unaffected by termination.
16.1. 7OTB makes no representation that this Website or Materials on this Website are appropriate in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Members of this Website who choose to access this Website from locations outside of the United Kingdom will be doing so on their own initiative and will therefore be responsible for compliance with domestic laws.
16.2. 7OTB disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title and non-infringement. This Website is made available to Members “as is” without any warranties whatsoever about the nature, accuracy, either when posted or as a result of the passage of time, of any Materials on this Website.
16.3. 7OTB shall not be responsible for any advice given by third parties on this Website, whether general or specific, and 7OTB shall not be responsible for any loss incurred by a Member as a result of engaging any third party for services to which the Member may have been directed via this Website, and the Member agrees to indemnify 7OTB in accordance with Clause 11 in respect of any actions or claims against 7OTB arising in accordance with this Clause 16.4.
17. Additional Terms for our iOS App
17.2You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
17.3 In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and 7OTB, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be 7OTB’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit 7OTB’s liability in this regard.
17.4 Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
18. Entire Agreement & Severability
18.2. If any clause of these Terms & Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the Member breaches these Terms & Conditions and 7OTB takes no action against the Member, 7OTB will not be considered to have given up its rights to pursue the Member in relation to the alleged or actual breach according to these Terms & Conditions.
19. Force Majeure
19.1. 7OTB shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
19.1.1. Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
19.1.2. War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
19.1.3. Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
20.1. These Terms & Conditions shall be governed by the laws of England and Wales and the Member agrees to submit to the exclusive jurisdiction of the English courts. The Member accepts that nothing in this Clause 20.1 shall prevent 7OTB from seeking and enforcing any injunctive relief in any country where this Website is accessible to prevent any infringement of any domestic laws or regulations in such countries.
Last updated 16 September 2019
Registered Number: 9622584
Registered Number: 9622584
Registered Address: 7OTB, Brook House, Mint St, Godalming GU7 1HE
© 2019 Seven of the Best (7OTB)